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7. Resolution 4374 - Meridian Road Contract - PecciaAgenda -October 20, 1997 AGENDA ITEM 7 - RESOLUTION 4374-MERIDI4,N ROAD CONTRACT-PECCIA & ASSOCIATES BACKGROUND/CONSIDERATION: Enclosed in this report is a memo from the Public Works Director that outlines the changes to the contract for the Meridian Road Project planning contract. These changes are desirable and acceptable to the City staff and to Peccia and Associates. With the State staff being responsible for the right of way acquisition, we hope this phase of the project will be smoother and quicker than it may have been through the contractor. RECOMMENDATION: To correct the present contract and adjust the cost for the right of way acquisition for the contract, I recommend approval of this amendment. ACTION REQUIRED: Approval of RESOLUTION 4374 will authorize the proposed change. RESOLUTION NO. 4374 A RESOLUTION TO ALTER AND AMMM THE CONTRACT WITH ROBERT PECCIA AND ASSOCIATES ON THE NORTH MERIDIAN ROAD RECONSTRUCTION PROJECT, STPU 6701(5) . WHEREAS, the City on October 10, 1995 did enter into a contract with Robert Peccia and Associates, Helena, MT for the reconstruction of North Meridian Road and WHEREAS, circumstances have arisen which make it desirable to delete the right-of-way acquisition task from contract with Peccia and Associates, and assigning said task to the Montana Department of Transportation, and WHEREAS, upon the advise and recommendation of John Wilson, Assistant City Engineer, it appears in the best interests of the City to approve said changes and alterations. NOW THEREFORE, pursuant to the provisions of Section 7-5- 4308(1) MCA be it hereby resolved: 1. The alterations and modifications of the contract between the City of Kalispell and Robert Peccia and Associates, dated October 10, 1995, as set out in Exhibit "A" attached hereto are hereby approved, and 2. That Amendment No. 1, Agreement, North Meridian Road - Kalispell, as set forth in Exhibit "B" is hereby approved, and 3. As soon as the alterations and modifications are agreed to in writing, signed by the City Manager, as hereby approved by the Council, this approval thereof shall be in effect. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS 20th DAY OF OCTOBER, 1997. Douglas D. Rauthe, Mayor F--V Debbie Gifford, CMC Clerk of Council j:\wp\chng\Peccia2 EXHIBIT "A" Incorporated 1892 Telephone (406) 758-7700 FAX (406) 758-7758 Wst Office Box 1997 Kalispell, Montana Zip 59903-1997 October 7, 1997 Robert Peccia & Associates P.O. Box 5653 825 Custer Avenue Helena, MT 59604 Subject: STPU 6701 (5) North Meridian Road - Kalispell C.N.2950 In accordance with Article IV, Section 6 - Changes of Work, of the original agreement between the City of Kalispell and Robert Peccia and Associates (RPA) dated October 10, 1995, this letter will serve as Supplement Agreement No. 4. This supplement is to discontinue the Consultant from performing any services outlined under Article I, Section 12 - Right -of -Way Acquisition and allow the Montana k._ Department of Transportation (MDT) to perform such services. The cost estimate prepared by RPA to complete the Deed Exhibits, Right -of -Way Appraisal, and Negotiations and Acquisition for the Meridian Road project is $59,061.42 actual cost and $979.61 fixed fee. The task total is $60,041.03. For hourly and cost breakdown please refer to items 61, 62, and 63 of the original cost proposal prepared for this project. This supplement will decrease the fixed fee from $21,691 to $20,711 and the maximum ceiling from $408,219 to $348,178. This change will take effect when, and only when, a change to the City/MDT agreement for this project is -completed. Until then, the Consultant will suspend further work on the items listed herein. Clarence Krepps City Manager Approved Robert Peccia and Associates Date Douglas Rauthe Mayor Clarence W. Krepps City Manager City CounCl Members: Gary W. Nystul Ward 1 Cliff Collins Ward I Norbert F. Donahue Ward II Dale Haarr Ward II Jim Atkinson Ward III John Graves Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV EXHIBIT "B" AMENDMENT NO. 1 AGREEMENT NORTH MERIDIAN ROAD - KALISPELL KALISPELL/FLATHEAD COUNTY, MONTANA Tiae undersigned parties, the City of Kalispell (the City), and the Montana Department of Transportation (the Department) do hereby agree and acknowledge to amend the agreement dated April 13, 1995, as follows: Amend the second sentence of paragraph 4a, eject Sponsorship, to read: "This means being responsible for development, administration, design, environmental documentation and clearances, and the provision of other services required to complete the preconstruction phase of the highway project." Rescind all of the provisions of 6, RIGHT-OF-WAY ACQUISITION, and replace with the following: "The City will submit to the Department completed right-of-way plans for review and approval, along with an estimate of the cost of required right-of-way for program purposes. Upon receipt of program approval and authorization from FHWA, the Department will proceed with preparation of appraisals and acquisition of the right-of-way. The Department will be responsible for all right-of-way activities, to include preparation of deed exhibits, property appraisals and reviews, right-of-way negotiations and acquisition, relocation assistance, and condemnation actions." Dated This day of , 1997 MONTANA CITY OF KALISPELL DEPARTMENT OF TRANSPORTATION By: City Manager Attest: By: Title: 1097.sgc �0 Director, of Transportation Attest: By: Title: APPROVED FOR LEGAL CONTENT October 14,1997 To: Clarence Krepps, City Manager From: Jim Hansz, Director of Public W rks Subject: November 3,1997 agenda items Please add the following to the agenda: 1. Revise Peccia/City design agreement for North Meridian Road. This amendment is to delete the right of way acquisition task from the consultant scope of work. Total saving on this contract is $60,041.03. It is agreed by the Consultant, MDT and City staff that it is preferable for MDT to perform right of way acquisition for this project. MDT has requested this change and is prepared to perform this task. A copy of the amendment is attached. 2. Revise City/MDT agreement for North Meridian Road Project. This amendment is to add right of way acquisition to the tasks to be performed by MDT for this project. A copy of the amendment is attached. AMENDMENT NO. 1 AGREEMENT NORTH MERIDIAN ROAD - KALISPELL KALISPELLlFLATHEAD COUNTY, MONTANA The undersigned parties, the City of Kalispell (the City), and the Montana Department of Transportation (the Department) do hereby agree and acknowledge to amend the agreement dated April 13, 1995, as follows: Amend the second sentence of paragraph 4a, Project Sponsorship, to read: "This means being responsible for development, administration, design, environmental documentation and clearances, and the provision of other services required to complete the preconstruction phase of the highway project." Rescind all of the provisions of 6, RIGHT-OF-WAY ACQUISITION, and replace with the following: "The City will submit to the Department completed right-of-way plans for review and approval, along with an estimate of the cost of required right-of-way for program purposes. Upon receipt of program approval and authorization from FHWA, the Department will proceed with preparation of appraisals and acquisition of the right-of-way. The Department will be responsible for all right-of-way activities, to include preparation of deed exhibits, property appraisals and reviews, right-of-way negotiations and acquisition, relocation assistance, and condemnation actions." Dated This day of , 1997 MONTANA CITY OF KALISPELL DEPARTMENT OF TRANSPORTATION By: City Manager Attest: By: Title: 1097.sgc By: Director of Transportation Attest: By: Title: APPROVED FOR LEGAL CONTENT Dat�i-'ht e//, /Ys" By: r/ AMENDMENT NO. 1 AGREEMENT NORTH MERIDIAN ROAD - KALISPELL KALISPELUFLATHEAD COUNTY, MONTANA Tke undersigned parties, the City of Kalispell (the City), and the Montana Department of Transportation (the Department) do hereby agree and acknowledge to amend the agreement dated April 13, 1995, as . follows: Amend the second sentence of paragraph 4a, Project SponsorshiA, to read: "This means being responsible for development, administration, design, environmental documentation and clearances, and the provision of other services required to complete the preconstruction phase of the highway project." Rescind all of the provisions of 6, RIGHT-OF-WAY ACQUISITION, and replace with the following: "The City will submit to the Department completed right-of-way plans for review and approval, along with an estimate of the cost of required right-of-way for program purposes. Upon receipt of program approval and authorization from FHWA, the Department will proceed with preparation of appraisals and acquisition of the right-of-way. The Department will be responsible for all right-of-way activities, to include preparation of deed exhibits, property appraisals and reviews, right-of-way negotiations and acquisition, relocation assistance, and condemnation actions." Dated This day of , 1997 MONTANA CITY OF KALISPELL DEPARTMENT OF TRANSPORTATION City Manager Attest: By: Title: 1097.sgc, �: Director of Transportation Attest: By: Title: APPROVED FOR LEGAL CONTENT i the ciry of Kalispell Incorporated 1892 Telephone (406) 758-7700 FAX (406) 758-7758 Fbst Office Box 1997 Kalispell, Montana Zip 59903-1997 October 7, 1997 Robert Peccia & Associates P.O. Box 5653 825 Custer Avenue Helena, MT 59604 Subject: STPU 6701 (5) North Meridian Road - Kalispell C.N. 2950 In accordance with Article IV, Section 6 - Changes of Work, of the original agreement between the City of Kalispell and Robert Peccia and Associates (R.PA) dated October 10, 1995, this letter will serve as Supplement Agreement No. 4. This supplement is to discontinue the Consultant from performing any services outlined under Article I, Section 12 - Right -of -Way Acquisition and allow the Montana Department of Transportation (MDT) to perform such services. The cost estimate prepared by RPA to complete the Deed Exhibits, Right -of -Way Appraisal, and Negotiations and Acquisition for the Meridian Road project is $59,061.42 actual cost and $979.61 fixed fee. The task total is $60,041.03. For hourly and cost breakdown please refer to items 61, 62, and 63 of the original cost proposal prepared for this project. This supplement will decrease the fixed fee from $21,691 to $20,711 and the maximum ceiling from $408,219 to $348,178. This change will take effect when, and only when, a change to the City/MDT agreement for this project is completed. Until then, the Consultant will suspend further work on the items listed herein. Clarence Krepps City Manager Approved Robert Peccia and Associates Date Douglas Rauthe Mayor Clarence W. Krepps City Manager City Couneil Members: Gary W. Nystul Ward I Cliff Collins Ward I Norbert F. Donahue Ward II Dale Haarr Ward 11 Jim Atkinson Ward III John Graves Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV